# C_2021079EN.01000701.xml

| 8.3.2021 | EN | Official Journal of the European Union | C 79/7 |
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8.3.2021

EN

Official Journal of the European Union

C 79/7

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Judgment of the Court (Fourth Chamber) of 14 January 2021 (request for a preliminary ruling from the Raad van State — Belgium) — RTS infra BVBA, Aannemingsbedrijf Norré-Behaegel BVBA v Vlaams Gewest

(Case C-387/19) (1)

(Reference for a preliminary ruling - Public procurement contracts - Directive 2014/24/EU - Article 57(6) - Optional grounds for exclusion - Measures taken by the economic operator to demonstrate its reliability despite the existence of an optional ground for exclusion - Obligation of the economic operator to provide evidence of such measures on its own initiative - Direct effect)

(2021/C 79/08)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicants: RTS infra BVBA, Aannemingsbedrijf Norré-Behaegel BVBA

Defendant: Vlaams Gewest

Operative part of the judgment

| 1. | Article 57(6) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015, must be interpreted as precluding a practice whereby an economic operator is required, at the time of submission of their requests to participate or of their tenders, to provide voluntarily evidence of the corrective measures taken to demonstrate its reliability despite the existence, in respect of that operator, of an optional ground for exclusion referred to in Article 57(4) of that directive, as amended by Delegated Regulation 2015/2170, where such an obligation does not arise either from the applicable national rules or from the tender specifications. By contrast, Article 57(6) of that directive, as amended by Delegated Regulation 2015/2170, does not preclude such an obligation where it is laid down in a clear, precise and unequivocal manner in the applicable national rules and is brought to the attention of the economic operator concerned by means of the tender specifications. |
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1.

Article 57(6) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015, must be interpreted as precluding a practice whereby an economic operator is required, at the time of submission of their requests to participate or of their tenders, to provide voluntarily evidence of the corrective measures taken to demonstrate its reliability despite the existence, in respect of that operator, of an optional ground for exclusion referred to in Article 57(4) of that directive, as amended by Delegated Regulation 2015/2170, where such an obligation does not arise either from the applicable national rules or from the tender specifications. By contrast, Article 57(6) of that directive, as amended by Delegated Regulation 2015/2170, does not preclude such an obligation where it is laid down in a clear, precise and unequivocal manner in the applicable national rules and is brought to the attention of the economic operator concerned by means of the tender specifications.

| 2. | Article 57(6) of Directive 2014/24, as amended by Delegated Regulation 2015/2170, must be interpreted as having direct effect. |
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2.

Article 57(6) of Directive 2014/24, as amended by Delegated Regulation 2015/2170, must be interpreted as having direct effect.

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(1)  OJ C 270, 12.8.2019.

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